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B D B E S 



OF THE 

AT THE LAYING OF THE CORNER STONE OF THE NEW COURT HOUSE AT SANDY HILL, 

on June 1st, 1872. 

"The Bench and Bar of Washington.County for One Hundred Years." 



Feij.oav Citizens: 

The tt'nitoiy, inr liuled in the old county 
of Charlotte, and •^uhsoiiucntiy in that of 
AVashington, was first discovcrod by Cham- 
plain ill July, in the year lOO!), when he 
sailed up the lake which bears his name, 
and landinij on the west shore, in, or near, 
the present town of Putnam, fought a bat- 
tle there with the Indians, resulting in the 
llight of the latter. Hudson discovered, en- 
tered, and sailed up the river, which has 
ever since been called after him, a few 
months later. The right of discovery as 
the French and English have each claimed, 
extended not only to and over the valley of 
the great river and lake they sevei'ally dis- 
covered, but to the fountain heads of the 
streams that emptied their waters into such 
lake or river, and the valleys connected 
therewith. Thus the claims of tiiese two 
nations by right of discovery, met in this 
territorv as it lies either diiectlj' on that 
river or lake, or on the ridge dividing the 
waters which flow into the Hudson from 
those which flow into Lake Cliamplain. 

Thus our territory was not only on the 
frontier of each, but was the fleld of strife, 
and the subjectof contention bet ween these 
two great empires, and so continued for 
more than one hundred years. 

No civil organization, however, was ex- 
tended to or over it by either claimant, nor 
was it covered by any existinsr in either the 
juovince of Canada or New York, till, by 
the passage of an act by the Legisla- 
tive As.scmbly of the colonj' of New York 
on the 1st of November, lt)S;5, the count}' 
of Albany was organized, and this terri- 
tory included within its boundaries. 

There were fortresses established by each 
of these gi'cat nations at various points in the 
territory. Fort Clinton, or Saratoga, in the 
now town of Easton, Fort Miller, Fort Ed- 
ward, Fort Ann, William Henry, Ticonde- 
roga and Crown Point. Put such consiruc- 
tion was the immediaU' subject of remon- 
strance and contention bj' one to the other, 
and soon followed by an armed raid or in- 
cursion, or war, resulting ordinarily in the 
seizure, abandonment, or destruction of 
such erection. 

And even while these fortresses remained 
standing, they were usually occupied only 
by small bodies of soldiers, and frecpiently 
left totally without defences, or defenders. 
Occasionally great numbers of people, na- 
tives or provincials of those two nationali- 
t'cs, filled our borders, but these were em- 
inently birds of passage, having no perma- 



nent abiding jilace here, and leaving no 
mark of their occupancy, except such as 
in the wilderness of an Indian frontier, l>y 
the charred wood and timber, the single 
clearing uiude with the axe of the soldier, 
and the sepulchres of human remains, 
would indicate that an army had marched, 
halted, or fortified itself, or fought a battle 
there. 

But little change occurred from the time 
of the organization of Albany county till 
after the closing of the last French war, for 
the two actual attempts at settlement made 
previou.sly, the one at Fort Edward by Lyd- 
! ins, and the one near old Fort Saratoga, 
I or Clinton, in the town of Easton, were 
j both failures, and from the same cause, the 
1 burning of every structure erected by the 
{ settlers that fire would consume, and the 
j driving away, or slaughter, and scalping or 
cajiture, by the French and their savage 
allies, of every human being making the at- 
tempt. 

But immcdiatelyu]ion the tre;dy of Paris, 
of 10th February, ITG:! being made, by 
which the French surrendered to Great Brit- 
ain its Province of Canada, and all their 
territorial possessions connected with it, the 
settlement of this territory became compar- 
atively safe, and in 17fi4, Salem was settled, 
and this was followed, soon after, bv 
Duer's Colony at Fort ]\[iller, the Scotch 
emigration to Argyle, and the settlement of 
Cambridge, and other places in the county. 
The connection of our territory with 
the county of Albany, soon became a 
source of troulje to the colonists, though 
magistrates and constables were early ap- 
pointed, for the settlements here, by the 
authorities — but still the distance, and the 
difficulties of traveling, at that time, to and 
from Albany, as there were no existing 
roads, formed great obstacles to the pun- 
ishment, and much greater to the preven- 
tion of crime, or the attainment of justice 
in civil actions. 

These and other causes produced the pass- 
age of an act, on 12lh ]\Iarch, 1772, divid- 
ing the county of Albany into three coun- 
ties, — the southern of which remained Al- 
bany. the western ]iorlion was called Tryox, 
after His Excellency tlie Colonial Governor, 
and the northern, which included all in 
the Province of New York, between the 
Battenkill and what was subsequently or- 
ijanized as Clinton county, and a large por- 
tion of what is now in Western Vermont, in 
compliment to the (.^iieen Consort, the wife 
of GEOUtiK the III, was named Chaklotte. 



s 



The existing ma^strates of the connty of 
Albany, residing within the new county, 
continued to exercise tlieir powers till ne\v 
ones were appointed, which was done soon 
after. 

The Governor and Council, however, did 
not organize the Courts for the new county 
till the 8th September, 1773, when an ordi- 
nance was passed for that purpose, follow- 
ed by the ap]iointment of Philip Schuy- 
LETi, who had previously attained the rank 
of Colonel in the Colonial service, as tirst 
Judge, with William Ducr, then of Fort 
Miller, as his associate, and a term of the 
Court of Common Pleas and General Ses- 
sions was directed to be held at the house of 
Patrick Smith, in Fort Edward, on tlie 
third Monday in October ensuing, and 
Smith was appointed as County Clerk, and 
also Clerk of the Peace for the new county. 
Philip J. Lan.singh was then Sheriff, having 
been appointed and qualified in Marcli pre- 
vious. Ebenezer Clark and Alexander Mc 
Naughton of New Perth, (now Salem), 
Benjamin Spencer of Durliam, (now in 
Vermont), and Jacob ^Mai'sh of Social- 
borough, (now Rutland and Pitlsford, Vt.), 
were appointed Justices, and designated of 
the Quorum, or associates of the j\idges, to 
hold with them the County Courts. 

The war of the Revolution soon after 
broke out, which resulted in the organiza- 
tion of New York as a Sfuff, and on the 2d 
April, 1784, the Legislature passed a law 
by which it was ordained that: "From and 
after the passing of this act the county of 
Tryon shall be called and known by the 
name of Montgonwry, and the county of 
Chdvhtie by the name of Washington.'" 

Thus, these two counties, organized orig- 
inally by one Legislative act, and simulta- 
neously named in compliment to royalty, 
and its satellite, y^tet^ by a subsequent 
Legislative act, after passing through a sea 
of fire, and famine, and desolation, and 
war, were simultaneously born again in a 
baptism of blood, and one of them named 
after the greatest of its slaughtered heroes 
on tlie battle-field, Montgomery, and the 
other after the most distinguished of its liv- 
ing survivors, the immortal Wasiiinc4Ton. 

The territorial jurisdiction of the Courts 
of the county of Washington was subse- 
quently reduced, firstly, by the cession to 
the State of Vermont, of that jiart lying 
within the present bounds of that State, 
under the act passed on 6th March, 1790: 
and secondly, by the act organizing the 
county of Warren, pa.ssed 12th March, 1813, 
which t(tok out that portion included with- 
in that county'. Its jurisdiction vvas in- 
creased by the addition to it, from the 
county of Albany, of the old town of Cam- 
bridge, and tliat'part of the towns of Still- 
water and Saratoga which lay on the east 
side of the Hudson River, and which was 
formerly known, from that fact, as East 
Town, now called Edston. 

The territory of Washington county has 
been unchanged now for about sixty years, 
and long maj^ it remain: 



1 Esto Perpetita. 

I The hi-story of the territorial jurisdic- 
, tion of the courts of the county, how and 
when acquired, and how changed, has 
thus been given in a connected relation, 
rather than break the thread of its judi- 
cial history, to state the changes. 

JITDICIAT, AND PROFESSIONAL III,STORY. 

In order to give a fair history of the 
"Bench and Bar of Washington County" 
for the first one hundred years of their ex- 
istence, it is essential to refer to the con- 
dition of societj', and the state of aftairs ex- 
isting in this section ]irevious to and at the 
time llie courts were organized, and in 
which the judges and lawyers originated, 
or were educated. 

Anarchy and violence was the rule, and 
regard for law and order the exception. 
The territory was in the condition that 
existed in Israel, in the times of the judges 
when every man did that which was right 
in liis own eyes. " The arm of the strong- 
est prevailed, and he would take who had 
the power; and he would keepAvho could." 
Tlie Reguldtors, the Runr/crs, the Coin Jhi/s, 
and the Toi-icx, with or without tlieir //r/Zi'^M 
allies and other self constituted mob orga- 
nizations, enforced a code of laws or- 
dained by the strongest, foi- their own ben- 
efit or protection, and regrndless alike of 
law and its forms, and dflimes ciuel \r> 
the extreme in their so called Juilijini n..^, 
as in their act.s. 

The "lynch law" of the western pio- 
neer, had its origin at the east, and in- 
deed has prevailed under different names 
and leaders in all lands. In mother En- 
gland under the rule of Robin Ilood 
and his successors; under the Shamrock 
in the Green Island of Erin, where a fight 
would arise out of the color of a banner, 
or the terms of a tenants right; on the 
heather and under the thistle of Scotland. 

" Wtiere hy Ljflforfl law. 
They first rlid hanjr and quarter draw, 
And after that gave judgment." 

It was from these countries that this 
territory was mainly colonized, either by 
direct emigration, or by their descendants 
from New England and the Southern 
counties of this State. The young and the 
adventurous came here, and they partook 
in a hiixh degree of the characteristics of 
their fathers. The love of natural justice 
was strong no doubt among them all; i)ut the 
means of control — the organs of novern- 
ment, and the powers of the executive 
were of no avail, as they could not be 
reached by the suft'erer to lunir his com- 
plaints, or their powers could not be 
brought to bear on oftences and offenders. 
The Provincial Governor and his council 
was located in the city of New York, and 
it was indeed a "« ftircri/'' from thence 
to this " Xff/i Awe" of the county Char- 
lotte. 

It is only necessary to glance at the action 
of the Provincial Legislative Assembly, and 
of the Council, peruse the preambles to 



^••••e 



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(>i3!"W)ino of tlio ads passed, or oidinanccs is- 

sued by tliose bodies, or to the Proclaiuii- 

fO tions of tlie (Governor, and tlie action of t lie 

— Courts and Mai^istrales in this territory, 

,.throuuli this stormy period of our history, 

'^"^ to prove tlie trutliof tlie statements made. 

. The Council advisins^ the Oovau-nor to 
take acti<Hi, and organizinj;^ the courts in 
order to furnish the judicial machinery to 
repress crime or punish criminals, the Gov- 
ernor issuiuii his Proclamations a.iiainst 
ollenders, or callin;!; the attention of the 
lA'ii'islalive Asseud)iy to the exist inu; evils, 
and niakini^ repeated re(iuisitions on the 
home and other military authorities for 
troops to enforce the laws, the Courts and 
]\Ia,u;ist rates exercisiniiall their authority for 
the like purjiose, and to such an extent that 
one order was executed by the Sherilf with 
the aid of a posse of five hundred armed 
men; in another, the prisonei's, two coun- 
tirfeiters, were arrested, and under the 
jruard of ten men, were rescued by a large 
force of armed men; and in another, tlie 
riot act was read by the orders of Judge 
Schuyler in o])en court in the very face and 
hearing of a riotous crew assembled to pre- 
vent or coerce its judicial action. At a sub- 
scipieiil term another fi-arless Judge, assis- 
ted by a small body of armed men, oi)ened 
and held ihe County Courts, soul afterward 
for sitting at that term and acting in other 
matters as Judges and Magistrates, two of 
its members were seized, in the night time, 
and carried ort' and i)unished, and had their 
property destroyed by a ruthless mob. 

These difficulties were caused or increased 
by the etibrts of the settlers, in what is now 
"Western Vermont," in opposition to the 
title, as well as the sovereignty of the 
Province of New York over that territoiy, 
and which, as well as what is now Wash- 
ington county', was within the bounds 
claimed for the '^ Hanipsliire Gi-aiifs." — 
Our jK'ople were therefore on "debatable 
land," and had no means of knowing to 
which they would ultimately be awarded; 
and many good and worthy settlers, and 
■who sulisequently became citizens of New 
York, were from this and other causes in- 
duced to join the side that, "with strong 
hand and multitude of people," and with 
force and violence, bore down ojiposition 
— the violent carrying with them the weak 
from their weakm'ss, and the rich from 
their desire to keep what they had. To 
such an extent was this, that the " (iranls" 
had their otlieers in our territory, and rej)- 
resentatives went from here to their qi/asi 
Legislative Assemblies. 

In the meantime each side claimed ex 
elusive jurisdiction, and the settlers on the 
Grants, by force and violence, preventing, 
or attempting to ))revent the Courts from 
being held, as well in Cumberland as in 
Charlotte county; and the Governor of 
the Province of New York, on the contrary 
not committing any unlawful violence, nor 
sutlering it to be done l)y others, but issu- 
ing his i)roclaniation for the arrest of Ethan 



their associates in their previous lawless 
acts, and leaders in the riots and disturb- 
ances which had made this tcrritorv, for 
several years, a .scene of turmoil and con- 
fusion. 

In addition to these intestine troubles, 
the territory of which this county is com 
posed, lay directly in the great "war-paih" 
between the French and English Colonies, 
and in the etl'orts of the two parent coun- 
tries for supremac;., had been thrice trod- 
den by powerful armies; and in the war of 
the Pcvolution was again and again cover- 
ed by the "Red Coats" of Ihirgoyiie's in- 
vading host, or b}' Carleton and his Indian 
auxiliaries, or by numerous raids of hostile 
savages, or worse, of predatory bands of 
armed Tories, carrying death and destruc- 
tion before them. 

I/ifcr (trniu legca dlent. In the presence 
of force, the laws had no voice, and the 
courts were i)owerless. 

It was under such circumstances and in 
such a state of society, that the courts of 
this county were organized, and the judges 
and the lawyers educated. 

It is well said that "Necessity is the 
mother of all good," — oi more accurately, 
that out of necessity spri.igs the cure, or 
anlid(;te to evil. Out of peril is plucked 
the diamond of safety, — out of the ex- 
igency of wickedness comes the unity 
that repres.scs ini([uity, — out of the blood 
shed for protection from French and sav- 
age incursions and afterward for liberty and 
National indej)endence, and from the sor- 
rows and sutierings connected with those 
deadly struggles, arose the men, the .soldiers, 
the generals that made uji the army, and 
the chief, that conquered success. So here, 
out of the chaos, anarchy, and lawlessness, 
anterior to and in tfii^*^'ar of the Revolu- 
tion, and from natural causes, sprung the 
able, eloquent, and fearless judges aixl 
lawyers of our early courts, and the intel- 
ligent, virtuous and courageous people, 
by whom they were so triumphantly sup- 
ported and sustained. 

There was this marked peculiarity about 
nearly all the early judges; they were men 
who had carried their lives in tin ir hands, — 
and thos(! appointed before the breaking 
out of the war of the Revolution had .seen 
severe and arduous military service. The 
tirst appointed. Judge Schuyler, having 
been in the Provincial service thr>)Ugh the 
French and Indian war which began in 
IToo, and had attained the rank of Colonel; 
and the .second, William Duer having 
.served in the English army, and attaineil 
the rank of captain; l)otli without waiting 
to see how the struggle would terminate, or 
which side was the strongest, looking only 
to the right of the case tlirew every thing 
into the contest; life and property afike, 
in the eflbrt to preserve the life and inde- 
pendence of the Nation. 

The remark applies also, to the Judges 



Allen, Seth Warner, Remember Baker and and A.ssistauts ai)poinled after Ihc Revulu- 



tion for along space of years, for many of 
them had served faithfull}% and with great 
distinction, in tliat glorious struggle. For 
among them are found the names of Gen- 
eral John Williams, Col. Alexander Web- 
ster, Major Peter B. Tearse, Colonel Jo- 
seph McCracken, Albert Baker, Col. Rob- 
ert Cochran, Captain Moses Martin, Col- 
onel Udney Hay, Colonel Edward Antill, 
Colonel John MeCrea, and others of real 
and undoubted military fame and ability. 

These were the very men to be judges 
at that day; for they had shcnvn their faith 
by their works; and they had the unflinch- 
ing nerve and courage which enabled them 
to bring law and order out of confusion. 
The good results of the appointment of 
such men to sit in the courts, justitied their 
selection, for they faithfully observed and 
kept the oath of office which they took, 
the form of which for a long time aftei' 
the Revolution was as follows: 

"I do solemnly swear and declare, that 
I will to the best of mj^ knowledge and 
ability, execute the office of judge accord- 
ing to the constitution and laws of the 
State of New York, in defence of the free- 
dom and independence thereof, and for 
the maintainance of liberty, and the distri- 
bution of justice among the citizens and 
inhabitants of the said Ptale, without any 
fear, favor, pailiality, atiection, or hope of 
reward. " 

As the Courts were thus organized by 
judges having the confidence of the 
masses of the people, their decisions were 
received with more respect, and executed 
with more ease, than would have followed 
from those of civilians, who had never 
seen service. 

As has been stated, the ordinance for the 
organization of our Courts, appointed the 
first term to be held at Fort Edward on 
the 19th day of October, 1773, and at that 
time and place the Court was organized by 
Judge Duer in the absence of Judge Schuy- 
ler, who was detained at home by illness. 

At that and tlie succeeding term, consta- 
bles were appointed for the county, and the 
Grand Jury began to act oy indictment, the 
entries of which in the record seem quite 
strange to republican ears: "The Kino rcr- 
svs John Doe," etc. "The mills of the 
Gods began to move," and though tliey 
moved slowly, yet they ground surely. To 
show how far reaching the arm of the court 
was extended, an entry states that a con- 
stable was appointed to be located at Crown 
Point, and others were named equally dis- 
tant; and ever}' settlement had one or more. 
And even then tlie number was not always 
sufficient to conquer violence by the strong 
arm of the law. 

The punishments and penalties sometimes 
imposed in those early days seem at this 
day to have been severe. But the times re- 
quired it, and nothing less would probably 
have extirpated the evils under which the 
people suffered. Force and lawless violence, 
forgery, perjury, and the making and cir- 
culating of great quantities of counterfeit 
money by organized bands of desperadoes, 



having secret haunts for conducting their 
operations and for refuge wlien pursued, 
were some of the leading evils then existing 
in this .section. 

These offences were crushed out by the 
strong arm of the Court, but it required the 
imposition of what we would consider 
cruel punishments. Thus at one term of 
the Oyer and Terminer there were convic- 
tions for all the offences I have named, and 
the criminals were sentenced, — One, for 
perjury, to stand in the pillory at Balem 
one hour, and then to be confined in the 
State Prison at hard labor for a long period. 
Another for grand larceny, " to be taken 
from the bar of this Court to the public 
whipping post, and that he there receive 
thirty-nine lashes on his bare back from the 
waist upwards." And another for counter- 
feitinii', " to be branded with the letter C. 
on his left cheek with a red-hot iron, and 
hard labor in the State Prison for life." 

The County Courts, consisting of the 
Common Pleas, having civil jurisdiction, 
and the General Sessions, having ci'iminal 
inrisdiction, soon Iiceame crowded with 
litigant.s, and ofl'cnders, ])arfies and wit- 
nesses. The Court, though lioldini;,- four 
terms in each year, and exercising <rrent 
dilisicnce, would rarelv be able to finish 
their labors in less tlian two weeks; and 
jin that time would disposeof nn amount of 
business that WH)uld have terrified some of 
our modern tribunals. The Court would 
frequently try from twenty to tliirty civil 
and criminal cases before a jurv, hear and 
determine from forty to sixtv other matters, 
and always have a Grand Jury to look 
after, finding twenty or thirty indictments. 

Between the bench and bar in former 
times there wns a greater distance, and more 
deference and respect .shown townrd the 
Judge bv counsel and by the people tli.in 
now. Whether this arose from the fact 
that the one was more worthy, or the others 
more respectful than in later days, history 
must deteruiine. It is not long since that 
one of our modern Judges re]mdiated an 
opinion written by an early Judtre, and in- 
timated to the counsel reading it, in quite 
plain terms, that he ought to know it was 
not sound law, and the latter i-etorted by 
saying: " Your Honor, on the Bench there 
were giants in those days." On the trial 
of another case before one of the Judges, 
who uniformly after charginsc the jury pret- 
ty strongly on the facts, would always add: 
"But, g.mtlemen of the jury, you will not 
regard my remarks on the facts, but be 
governed by your own views in that re- 
spect," the counsel for one of the parties, 
being well aware from the cour.se he had 
taken that the Judge would charge strondy 
against his client, in summing up, stated to 
the jury, that the Judge would charge them 
as above, and adjured them, whatever else 
in the charge they might disregard, not to 
disregard flint. 

It is true, few of our early judges had any 
regular juridical education — their teaching 
had been mostly the stern lessons learned 
by experience "during the perilous days 



n 



throu.trh which thoy had pnsscd. Rul they 
(lid no dishonor or discredit to the station 
they hchl, nor did thoy allow others to at- 
tenipt to lower tlieir office with impunity. 
Two or three instances occnr to which the 
speaker's attention hat* heen drawn, as illus 
tratinir how they sustained the dignit}' of 
the Court. 

The record entry in one ca<e is thus: 

"David Plunibly, being chai'ired with 
having uttered certain contemptuous words 
against the Court, is ordered to fiml two 
sureties for his good behavior until the next 
Court, and that he stand counnitted till he 
dul so." (Utrord "f thr (Iciil. Si-xx.^ \Wi 
7-;.'///, 1704). 

In anotluM" case the entry is thus; 

"John M'Michael, being arraigned on 
an indictment in tiiis Court, was ordered to 
stand counnitted during the jileasure of the 
Court, for that he, in tlie presence of the 
Court, was guilty of I'ontempt, by using in- 
decent, disrespectful and immoral language, 
and insultinir llie Court." [HcninJ of Gcul. 
.Sf'.v.v., -Mi }fifi/, 179(5). 

Tn some late local interesting reminiscen- 
ces by one signing liiniself IIiSTOHicrs, it is 
said that Adiel Sherwood, at whose house 
in Fort Edward some of the early Courts 
were held, on one occasion required the 
Court to adjourn and leave the room it was 
occupying, and used toward it some insult- 
ing language in that connection. It is just, 
to tiie Court to state how the offender was 
l)uuished. The record entry is brief, and 
speal\s for itself. It is thus: 

"Adiel Sherwood having been guilty of 
contempt: // ix ordvri'd, that the said Adiel 
Sherwood be committed to tlic common 
jail of the county of Washington, for the 
s|iace of fftccn days." [liecord Genl. Ses- 
xiom, 9/7/ '?Wi/, 1796). 

In the assertion of their powers, in the 
protection of the rights of parties, our 
County Judges have shown, on more than 
one occasion, distinguished tirmness and 
ability. One ease will be stated: 

It occurred on a trial before the Oyer and 
Terminer of one accused of murder, 
Walworth, who was then circuit Judge pre- 
siding, and who was well known as a Mcrerc 
judge in such cases. After the evidence 
was all in, the question was discussed, 
among the judges, as to what the jury ouglit 
to be charged on the point of its beinga case 
of murder or manslaughter. Walworth was 
for the former, but the majority was the 
other way, and he, very much ofl'ended, re- 
fused to charge according to the opinion 
of the Court, and said: " Charge the jury 
yourselves." Whereupon Roswell Weston, 
one of them, charged the jury with distin- 
guished ability and fairness, resulting in a 
verdict of manslaughter. 

There was more form and ceremony, in 
organizing and holding Courts in earlj' days 
than now. On the first day of the term, at 
the hour appointed for opening, the Shcrill' 
would assemble the con.stables with long 
staves in their hands, and forming a pro- 
cession of the Judges, the lawj-ers the 
Grand and Petit Jurors, and the people. 



would march from the hcmse where the 
Judges were stojiping to the Court House. 

In the old Colonial Courts it was quite 
common for the Court of Oyer and Termi- 
ner to invite any distinguished citizen of the 
county, or visitor in the Court, to take a s:;tt 
on the bench with the Judges. But at the 
Revolution, our fathers, thinking there had 
been partiality shown from this cause, and 
that the practice led to evil, it Avas repressed 
by a statute, sententiously enacting, iliat: 
" No i>erson, little or great, shall sit with 
tlie Judges at the Oyer and Terminer." (2 
Joncfi (tiid VaHH; 2.12, Sec. 9.) 

And the same statute terminated an ac- 
tual ami real evil, and one dangerous to the 
liberties of the peoi)le,in the holding of pri- 
vate Courts, by enacting:" The sittings of 
all Courts are to be public." No doubt this 
law was enacted for another reason, as well 
as that stated above, as it prevented the 
practice, then quite common, for the Sher- 
ift" to charge a fee for entrance to the Court. 

The Grand Jury in the old Courts, was 
not the result of mere chance, as now; but 
' each one was selected by the Sherifl', and 
' notified to attend, and the designation was 
I considered an honor to the jterson sum 
1 moned. The Sheriff was responsible for 
j the character and standing of all the per- 
I sons composing the Grand Jury, and if he 
I summoned a weak set, he would certainly 
I be ridiculed by the law\'ers, if not re- 
1 proved by the Court. 

i The records show that the* leading and 
' distinguished men of the County, w-ere 
I generally summoned on the Grand Jury. 

At the first Court held in the county, as 

'before stated, Archibald Campbell was 
Foreman of that body, and had for asso- 

I ciates, Jo.seph McCracken, Melchor HolT- 
nagle, Robert Gordon, David Watkins, Al- 

] bert Baker, Joshua Conkey, Moses Martin, 
Alexander Gilchrist, Daniel Smith, and 
others. On the second, there was the 

I same Foreman, and El)enezer Russell, 

' Noah Payn, Hamilton McCollister, George 
Gilmore, James Bradshaw, Timothj^ Force, 

I Cornelius McEachron, Timothy Buel, Ar- 
cibald McNiel and others. The third had 
David Watkins, as Foreman, with James 

; Savage, Edward Cascallin, Duncan Gil- 
christ, William Moftitt, Peter ■SIcEachron, 
Reuben Woods, Alexander Turner, Ed- 
ward Long, Daniel McCleary, Edward 
Savage, and others. The fourth had Gar- 
rett Keating as Foreman, with .John Moss, 
Josejih Hawkins, Asa Richardson, Judah 
Fuller, Seth Stow, Thomas Sherwood, 
John McKinney, and others. The fifth 
had Jacob Marsh as Foreman, with David 
Elliott, Adiel Sherwood, Jolin Gilchrist, 
James Beaty, Niel Gillespie, Neiiemiah 

' Harris, John Kenne}', Samuel Buel, George 
Boyles and others. The sixth had Abra- 
ham Wing as foreman with Seth Sherwood, 

I Samuel Harris, Benjamin Wing, Ichabod 

; Merritt, John White, Anthony Saunders, 
John Newell, John Cook, and others. 

1 These six terms of the Court were all held. 
j before the Revolutionary war opened, ex- 



6 



cept the last, wliich was a few weeks after 
the battle of Lexington. 

My fellow citizens, it is almost one hun- 
dred years since the names I have men- 
tioned were called in our Courts as mem- 
bers of the Grand Inquest, to inquire for 
the body of the county of Charlotte, in be- 
half of His Majesty the King of Great Brit- 
ain and Ireland, defender of the faith, &c., 
and yet these names are, many of them, as 
familiar to our hearing as 'household 
words.' 

A great number of these persons had 
served in the French and Indian wars as 
officers or privates, and had won by mili- 
tary service in behalf of their country, the 
lands, in right of holding which, they be- 
came eligible to be summoned on the Grand 
Jury, and to also exercise the valuable 
franchise of voting for all officers elective 
by the people, for tlie freehold qualifica- 
tion for jurors, and voters, prevailed in full 
force at that time, and continued to be en- 
forced till 1821. 

From the familiarity of the.se names, we 
might almost think Ave were hearing the roll 
of Ihe present generation, so common are 
most of them among us "unto this day." 

Their descendants are here, and ready, I 
doubt not, did occasion require, to earn by 
like good services for this state and nation, 
the honors their ancesters won and wore so 
well for the old colony and mother country. 

The Courts had been held at Sandy Hill, 
prior to the construction of the Court House, 
at the house of Mary Dean, and one or two 
other places, and on the 20th of March, 
1804, an act was passed, "for building a 
Court House," and under that the Court 
House lot was conveyed to the county on 
the 5th of Novemljcr, 1804 by Zina Hitch- 
cock, and the building, lately removed, was 
erected on the lot, and it was finished so 
that the county Court held the first term in 
it on the first Tuesday in December, 1805, 
and, with some modification, internal 
and' external, it remained substantially the 
same structure till removed to give place 
to the nevv temple, the corner stone of 
which has just been laid. 

In order that you may know something as 
to the character of the old as well as of the 
later judges, I \villsketi.h two scenes in the 
County Courts of this county and their 
results, at two widely divergent periods, for 
they will be oyer sei'eiity years apart. The 
first occurred in the morning, as we may 
say, of the Court's existence; the other 
happened in the refulgence and splendor 
of its noon-tide. What will happen as the 
sun goeth down? 

At the Court held on March 21st, 1775, 
Judge Schuyler being in attendance on the 
Colonial Assembly, of which he was a 
member, then in session in the city of New 
York, Judge Duer presided at the term, 
and a large number of persons were or 
had previously been indicted for offences 
committed. Many arrests had been made, 
and those persons arrested had given bail 
to appear at this term, and many execu- 
tions had been issued, and returned, that 



there was abundance of property levied on, 
but the Sheriff' was unable to sell the same 
for want of bidders, as the man who bid 
on property ottered at Sheriff's sale at 
that time, did so at the peril of his life, 
or of bodily harm, or other injuries. It 
was well known that the Court would be 
moved for an order for the issuing of a writ 
of venditvmi exponas as to the unsold prop- 
erty, and other orders appropriate to the 
case; many parties who had bailed those 
arrested, attended, and in (>i)en court made 
a surrender of their principal, and had an 
exonoretur or discharge, entered of record, 
and many criminals were also surrendered 
by their bail, and the latter were discharg- 
ed. The object of these surrenders being 
to get rid of liability on the part of the 
bail — but the intent of many concerned a 
it was in the confusion that would ensue, 
to escape, or go at large, leaving the Court 
and the Sheriff' to catch them again when 
they could. There w«l:d also assembled an 
angry and tumultuous crowd in and about 
the Court, and it required all the 
ability and courage of the ablest Judge 
to keep t)rder, and hold the Court, and 
do the business. The difficulty of open- 
ing and holding this term of the Court w; s 
increased by the forcible resistance to tiie 
holding of a similar Court at Westminister, 
in Cumberland county, adjoining to Char- 
lotte, on the loth March, only eight days 
previous, on which occasion one man had 
been killed and several wounded, and by 
which the mob had prevailed in preventing 
the opening or holding of the C'ourt. No 
doubt the mob at Ft. Edward, at this term, 
expected an equal measure of success, more 
especially as Col. Schuyler, usually the 
presiding Judge, was then absent. 

But they soon found they were mistak- 
en, for there was presiding on the Bench 
at this term, a Judge who, though several 
years younger than Col. Schuyler, and not 
"so distingutshed, was equal tothe occasion. 
He had been a faithful soldier, and fearless 
officer, and had been under the fire of the 
enemy. He had served in India when only 
eighteen years old, as Aid to Lord Clive, 
and in service afterwards. He seemed in- 
capable of fear, and to have calmness as 
well as courage. Such was the Hon. Wm. 
Duer, who presided at the Court in ques- 
tion. 

He held the term through to the end, 
making all the necessary orders and allow- 
ing no one to escape the just penalty of 
his off'ences, or avoid the jierformance of 
his engagements, or the payment of his 
debts, so far at least as the due process of 
the Court, regularly issued and executed, 
could accomplish such results. This was 
done by skilful application of all the means 
at his command. Captain Malt at 
the time of the assembling of the Court, 
was passing through Fort Edward with a 
single company of soldiers on the way to 
Fort Ticonderoga, and Judge Duer by 
persuasion retained him and the company 
under his command, while the Court was 
being held; and no doubt this small mili- 



"7 



tary force (rroatly aided liini in holding' tho 
Court. Iiuk'C'd Judii*-' Duor credits imicli 
to tiiisforce in enabliiiu; liiin to open the 
("oiirt. <M.!^ liis It'lter to the President of 
Ihe Provincial Conjiress of New York, 
written shortly after the orjianization of 
that bod3% and in wiiicli lie '^'^'^'^ '*'* '"tt'r- 
position to enable him to hold the next 
term of the Court, adjourned to be held on 
2oth of June, then ((uite near. In this 
<-omnuinication he says: " Your interpo- 
sition in this matter may save the shedding 
of blood at the next Court; for so lonu; as 
1 know it to be the sense of the country 
that the Courts of Justice sln)uld be sup- 
])orted; and that I have the honor of sit- 
tiui;' as one of the judire.s, I shall endeavor 
to keep them ouen, eceii at the rink of imi 

ufe:' 

Inspirited by such noble sentiments, and 
actinu'on the prin<'ii)le.s thus announced, 
Judge Duer held the C'ourt at the June 
term, and though there was never in 
the county such a crowded Court in 
business, and with numbers of peoi)le 
excited and angr\-, harrassed and dis- 
tressed, the Court held, too, at a time 
when the Hood gates were opened by 
the battle of Lexington, fought only a few 
weeks previous, and when it was more dif- 
ficult tlian ever to maintain order, and yet 
the (\turt was held open to the end of the 
term, and all tlie business fully ac- 
<'omi)lished. Judge vSchuyler, no doulif, 
would have held this tei'm had he been at 
home, but he had lieen in attendance at 
Philadelphia :is a member cf the Continen- 
tal Congress, and having been on the 8th of 
June, then instant, appointed by that body 
as a Major (Jeneral of the Continental for- 
ces, he was at the time this term of the 
Court was being held at Fort Edward, in 
consultation with (General Washington at 
IMnladelphia, and engaged in the organiza- 
tion of the army then being formed for the 
cau.se of liberty. 

We have thus glanced at the leading fea- 
tures of a court, held in stormy times, in 
the presence of an angry, excited, tumultu- 
ous crowd, and determining (juestion.s con- 
trary to their wishes, in which liiey had a 
diH')) interest, by one pri'siiling w ith that 
ji-ool, calm courage, and intlexible tirmness 
wldcli will ever mark the good Judge. 

Now let I slook at another jjicture, drawn 
like that from life, and oid^' about seventy 
years later, and we will then be in condi- 
tion to intiuire for the reasons of the dif- 
ference. 

It happened in the very building dis- 
placed to lay the corner stone of this new 
judicial temple, that the presiding Judge, 
while Jiolding a Court of General Sessions 
for the tiial of an indictment again.st an al- 
leged criminal, had iire.^entf'd to him the 
tlireat<'ningaspe<t of a brutal mob, gathered 
in gr<'at numbers in the Court House for 
the very ptnposc of overawing and con- 
trolling the action of the Court and the jurv 
and unlawfully coercing the conviction of 
the prisoner. If evidence on the trial wa*; 
given favorable to the prosecution, it was 



received with marks of approbation, and if 
the contrary, with jjlain disapi>ioval. The 
Court dill not attempt to stem the torrent 
running against the i)risoner, or even re- 
l)rove the i)eoi)le for these acts. The result 
was, as might be expected, where the 
Court will not interjiose its powerful voice, 
that an unju.st verdict was obtained, and 
the i)risoner was convicted and sentenced. 
The ])articular instance related occurred 
over twenty years ago, but the like has haj)- 
pened again and again since, dillering only 
in degree, and it will hajipeii again, for his- 
tory repeats itself, "and the thing which 
hath been, it is tlidt which shall l)e," and 
who will next be the sutlererV will it be yon 
or will it be your child, descendant, (>r^he 
friend %'ou love? 

Let me exhort one and all to educate the 

coming Judge. Strengthen his hands iu 

righte(His acts. Su.stain him in well doing; 

frown on all elTorts lo control, or coerce 

judicial action by threats, or mob.s, or vio- 

j lence, or otherwise, than by the law and 

1 the evidence. Find the man who is tit for 

I the place, and when found keep him there, 

I so long as he executes its duties faithfully. 

And to educate the Judge we must needs 

learn to control ourselves"; to subdue those 

passions and i)rejudices which prevent us 

from holding the scales fairly, and judging 

with a righteous judgment. 

From the sketch tiuis fuinislied of the 
general character of the Courts of the 
county, it will be leadily seen that we have 
been ordinarily highly favored in our 
judges. Those who liave exercised this 
high duty, seem, many of them, to have 
censidered within themselves, thus: "He 
who takes the office of a judge, takes in 
his hands a splendid gem, good and glo- 
rious, perfect and ]nire. Shall I give it" up 
mutilated, or marred, oi- darkened? Shall 
it cunt no light, lie valued at no i)rice, ex- 
cite no wonder? I find it a diamond, shall 
I leave it a stone? No! Rather let me 
ever cling to that pure, exalted, ind chris- 
tian indeiiendence, which towers over the 
little motives of life, which no hope of fa- 
vor can influence, which no eflbrt of pow- 
er can control." 

We should be rejoiced if we could truly 
say, that all our judges have faithfully com- 
plied with the noble charge to an English 
judge, delivered by Sidney Smith in his 
Assize Sermon, at York, in March, 1824, 
among other things, saying: 

'•^lay I add, the great importance in a 
judge of courtesy to all men, and that he 
should, on all occasions, abstain from ////- 
ii/n.-.-i/ni/ bitterness and asjxrity of speech. 
A juilge always speaks with impunity, and 
always speaks with etlect. His 'words 
should be weighed, because they en'ail 
noevilujion himself, and much evil upon 
others The language of jiassion, of sar- 
casm, of satire, is not on such occasions, 
christian language; it is not the language 
of a judge. There is a jn-opriety of ivliuke 
and condemnation; the justice of which is 
felt, even by him who sutlers under it; 
but when magistrates under the mask of 



8 



law, aim at the offender more then the of- 1 
fence, and are more studious of inflicting 
pain, tlian repressing error or crime, tlie 
office suffers as much as the judge. The 
respect of justice is lessoned; and the 
school of pure reason becomes the hated 
theatre of mischievous passion." 

And now unto all that sliall hereafter 
exercise any authority, duty, function or 
power in the temple to be erected on the 
CIoRNER Stone which has been laid to-day 
with the appropriate Masonic ceremony, 
the application of the plumb of rectitude, 
the level of equity, and the square of right, 
and laid in the eternal cement of truth and 
justice, you are exhorted to the faithful 
performance of that duty, function or power 
to which you .shall be assigned. 

And to you, all ye witnesses,'Tbear testi- 
mony to the truth, the whole kruth, and 
nothing but the truth, and may (fod so help 
you. 

And you, oh ye Grand Jurors, present no 
man, and leave no man unpresented, thro' 
fear, favor, affection, reward, or the hope 
thereof, but present all things truly as they 
shall come to j'our knowledge. 

And you, all ye Jurors, who shall try 
any issue or traverse, listen patiently to the 
proo/s and allegations of the parties and 
their counsel, and the charge you shall 
thereon receive from the Court, and a true 
verdict give according to the evidence. 

And you, all ye lawyers, be faithful in 
all things, and earn all you charge by dili- 
gent labor for your client night and day. 
" Work also for charity when needful, in 
time, labor and. attention; the protection 
of those whose resources are feeble, and 
the information of those whose knowledge 
is small. Remember that in the hands of 
bad men the law is sometimes an artifice to 
mislead, and sometimes an engine to op- 
press. In your hands let it always be a 
buckler to shield and a sanctuary to save. 
Lift up oppressed humility; listen patient- 
ly to the injuries of the wretched; vindi- 
cate their ju.st claims; maintain their fair 
rights, and show that in the hurry of busi- 
ness, and the struggles of ambition; you 
have not forgotten the duties of a christian 
or the feelings of a man." In all you do, 
"combine the wisdom of the serpent with 



the innocence of the dove, and fulfil with 
greater acuteness, and more perfect effect 
than other men can pretend to, the love, 
the lessons, and the law of Christ." 

And you, all ye judges, "the cause ye 
know not, aeurch it out .'" Forget not that ye 
exercise one of the greatest of the attributes 
of the Almighty, that of justice. See to 
it, that it be exercised with the most un- 
tiring diligence, the utmost ability, and 
witli perfect integrity. Come not to the 
sacrifices of this temple with unclean 
hands, or with ju'cjudice or pa.ssion. 

Be cool, calmandlcollected — courfeousand 
3'et firn: — never .■•hdwing any disrespect to 
the liigh station you hold, either in words or 
conduct, nor suffer it from any other. Be 
tender to your j'ounger brethren, and 
toward all, so walk and act, that at the 
end of ,yrt?/r judicial course, you can truly 
say of it, as the Patriarch Job did of his: 
"Because I delivered tlie poor that cried, 
And the fatherless, and him that had none 
to help him. The blessing of him that was 
ready to perish came upon me. And I 
cau.sed the widows heart to sing for joy." 

And you, all ye people, what shall I 
charge ujion you more than upon yotn wit- 
nesses, and jurors, and lawyers, and judges! 
It is of you, and from you, and by you, 
that all these in anihority are chosen, "for 
this is a government of the people, and for 
the people, and by tlie people." The 
stream can never rise liigher than the 
fountain — ye are the fountain of power, 
and the source from wlience comefh all 
the classes I have named. If therefore ye 
comply with and perform all tlu'se duties 
in ordinary life, ye will be able to fulfil 
them when called thereto by duty, or by 
the suffrage of your equals, or the appoint- 
ment of your superiors. If ye do not, how 
can ye complain at the short coinings of 
others. If ye are faithful, the promise will 
not fail, that, " The path of the just will 
be as the shining light, which shineth more 
and more unto the perfect day." 

In conclusion, my fellow citizens, I trust 
and pray that in the temple to be erected on 
these foundations, justice, pure and unde- 
filed, may ever be administered, to you and 
to your children, and to your childrens' 
children, and to the stranger that is within 
jour gates, to the latest generation. 








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